Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-22
APPLICATION FOR PATENT.

the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Office.
An application will be rejected when the
scription OF the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First = The notice was published without the
knowledge of the Register.
~Second-The notice was not published in q
newspaper designated as published nearestth the
claim.
T~hird-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions OF q claim. application for
patent may be made by either for tn at portion
OF the claim owned by him; but where several
parties own undivided interests in . mining
claim all should join in an application for .
patent.
A person or association may purchase as
many placer locations as the local law admits,
and embrace them all In one application for q
patent.
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act Is a deputy for the Register and Re-
ceiyer cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of a town site
q clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
blocks, streets, alleys or other municipal i'm
p~rovements not belonging to the grantee here
In. and all rights necessary or proper to the
| 1,o,DattOp npaaaaafnn and aninvpnap ~ tha
same"
Publication of notice must be made n only
one newspaper for the period of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers so days must elspse between the
first and last insertions.
Where the Register esignates the daily issue
of q newspaper for publication Of notices of q
mining application for patent 1t Is not q COM
pliance with law 10 change to the weekly edi-
ton of the same paper without authority of
the Register.
The existence OF q salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle q separate and
distinct clNim agAinst each application which
1t Ia alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim. once filed,
cannot be Withdrawn, but become s a part Of the
record.
When an adverse claim has been fled II can
not be amended so as TO embrace q larger per-
ton OF the premises than thst desert bed In the
original adverse claim.
An adverse claim must be made ont in
proper form and filed In the proper local Office
during the period of publication Of the sppii-
cation for the patent to be effective.
1t fs the duty of the adverse claimant O
commence suit In proper form within the re-
CURED time, and If he trusts the uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure TO suit be the result Of
the cor rupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions of law, without stating the
facts specially. will not be considered In evi.
dence.
An adverse claimant should show q compli-
ance with the local laws In recording his claim
and in regard to expenditures, and shall nile O
copy Of the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to q suit that they
compose the company Is sufficient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land Ia of little. II any value, for aprl.
cultural purposes, but 10 essential to the
proper development OF mining claims, IL
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled at any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de.
posts.
Where valuable deposits Of mineral are dis.
covered upon a tract sfter the same ias been
entered as agricultural, but before Aent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot BIO
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before dispostng OF the mine. Proof that the
party was not q citizen before disposInp of hts
claim must be affrmatively shown.
Locators and intermediate owners, other
than applicants, will not be presumed aliens,
3 in the absence Of allegation or objection prior
to issuance of patent.
The portion Of a mining claim sold 10 an
alien cannot be patented while suoh owner is
an alien; but on HIS declArationi o become .
q citizen his right dates back to his purchase,
aud he may thereupon secure United States
. patent for his claim.
CROSS LRDaEs.
Revised Statutes. Section z, 1856:
where two or more lodges cross or intersect
each other, priority OF title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined within the space of inter-
section, but the subsequent location shall have
the right of way through the space Of inter.
section for the purpose of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point OF union, in
GLIDING all the space of intersection.
TUNNELS.
There 10 no authority of law for a tunnel
location 5000 by 600 feet. A proper location
, Is the width of the tunnel for 5000 feet.
There Ia no provision Of law for patenting
tunnel locations, but lodes discovered In run
ming a tunnel may be patented In like manner
as other lodes.
The RIGHT IA granted to tunnel owners IN